September 3, 2014 – The Ohio Supreme Court ruled last Thursday: “Upon consideration of the jurisdictional memoranda filed in this case, the court declines to accept jurisdiction of the appeal pursuant to S.Ct.Prac.R. 7.08(B)(4). ”

We learned that the Ohio Supreme Court decided to NOT accept the ODNR’s appeal. The vote was 5-2. The opinion was written by Chief Justice Maureen O’ Connor, with affirmation by Justice Paul Pfeifer, Justice Judith Lanzinger, Justice Terrance O’Donnell, and Justice William O’Neill.

The two judges who dissented with the majority were Justices Kennedy and French.

Our opponents have 10 days to seek reconsideration, and if they do, we have 20 days to respond. On a Motion for Reconsideration we would not expect a decision for approximately 2 -3 more months.

In any case we will still end up back in Judge Lucci’s Court again later this year.